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Unit of Study LAW10002 - Australian Criminal Law I (2020)

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Unit Snapshot

  • Pre-requisites

    Must have completed or be currently enrolled in
    LAW00051 - Legal Research and Writing
    AND
    LAW00111 - Legal Process

  • Anti-requisites

    LAW00507 Criminal Law and Procedure AND not available for students admitted to the Associate Degree in Law (Paralegal Studies) or Bachelor of Legal and Justice Studies.

  • Enrolment information

    Students admitted to the Associate Degree in Law (Paralegal Studies) or Bachelor of Legal and Justice Studies are not permitted to enrol in this unit. For further information contact: lawenquiry@scu.edu.au

Unit description

Provides the student with an introduction to the Australian criminal justice system, together with the principles and major procedural stages of Australian criminal procedure. This will include issues concerning police powers of arrest, search, seizure and interrogation; bail; right to legal representation; committal proceedings; juries; sentencing; appeals; the role of crime victims and anti-terrorism legislation. The unit also examines how the criminal justice system treats traditionally disadvantaged groups, such as children and Australian Indigenous peoples.

Unit content

Part 1 - Introducing the Australian criminal justice system in context
Topic 1 Introduction to criminal justice
Topic 2 Dichotomies of the Australian criminal justice system
Topic 3 The key stakeholders in the Australian criminal justice system (the defendant; the victim; the 'community' and the state)

Part 2 - Steps in criminal procedure
Topic 4 Criminal process I: investigation
Topic 5 Criminal process II: pre-trial
Topic 6 Criminal process III: the trial: the determination of guilt phase
Topic 7 Criminal process IV: the trial: the sentencing phase
Topic 8 Criminal process V: post-trial issues

Part 3 - Disadvantaged groups and Australian criminal justice
Topic 9 Indigenous Australians and the criminal justice system
Topic 10 Children and the criminal justice system

Availabilities

Location Domestic International
Gold Coast
Session1
Session1
Lismore
Session1
Session1
Online
Session1
Session1

Learning outcomes and graduate attributes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
Learning outcome count Learning outcome description GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 identify and demonstrate knowledge of the major aspects of the Australian criminal justice system and how this system attempts to account for the interests of its key stakeholders - defendants, victims, the community and the state.
2 critically evaluate police, prosecutorial, judicial and legislative decision-making in relation to criminal procedure.
3 recognise and analyse the general principles of criminal law theory and of criminal responsibility, and describe how power structures in society are reproduced in the criminal law and criminal justice system.
4 give an account of and appraise the law in Australia in relation to each of the main procedural stages of the criminal justice system, assessing how the law takes into account the competing public policy considerations of crime control and individual liberty, and the interests of the key stakeholders.
5 review the manner in which disadvantaged groups, such as Indigenous Australians and children, are treated by the Australian criminal justice system.
6 identify and be able to apply and analyse, in an effective manner, primary and secondary sources of criminal procedure law, including Internet resources, reports and visual media.
7 demonstrate analytical and written skills in the presentation of research and argument in the field of criminal procedure.

On completion of this unit, students should be able to:

  1. identify and demonstrate knowledge of the major aspects of the Australian criminal justice system and how this system attempts to account for the interests of its key stakeholders - defendants, victims, the community and the state.
    • GA4:
  2. critically evaluate police, prosecutorial, judicial and legislative decision-making in relation to criminal procedure.
    • GA2:
  3. recognise and analyse the general principles of criminal law theory and of criminal responsibility, and describe how power structures in society are reproduced in the criminal law and criminal justice system.
    • GA2:
  4. give an account of and appraise the law in Australia in relation to each of the main procedural stages of the criminal justice system, assessing how the law takes into account the competing public policy considerations of crime control and individual liberty, and the interests of the key stakeholders.
    • GA4:
  5. review the manner in which disadvantaged groups, such as Indigenous Australians and children, are treated by the Australian criminal justice system.
    • GA1:
  6. identify and be able to apply and analyse, in an effective manner, primary and secondary sources of criminal procedure law, including Internet resources, reports and visual media.
    • GA1:
  7. demonstrate analytical and written skills in the presentation of research and argument in the field of criminal procedure.
    • GA1:

Prescribed learning resources

Prescribed Texts
  • No prescribed texts.

Prescribed Texts
  • No prescribed texts.

Prescribed Learning Resources may change in future Teaching Periods.